MINUTES OF THE SHAFTSBURY PLANNING BOARD
APRIL 26, 2005, COLE HALL, SHAFTSBURY, VERMONT
Planning Board
Present: Kevin Bubriski,
chairman, William Jakubowski, David Mance, Mark Young, Bill Pennebaker and Chris
Williams
Others Present: Selectboard member Karen Mellinger, Zoning Administrator Anthony Zazzaro, Rex Burke, Tom Dailey and Alison Church.
1. Call meeting to order: Chairman Kevin Bubriski called the meeting to order at 7:34 PM, welcoming the return of David Mance and the addition of new Planning Board members Bill Pennebaker and Chris Williams.
2. Old Business: 05-6824 Trevor Mance – Modify Site Plan Review
Mr. Mance itemized the changes that had been made to the plan subsequent to – and specified by Planning Board members – in the April 12,2005 meeting, as follows:
§ Detail for fuel tank with recessed slab under it
§ Contours and grading
§ Curbed area for employee parking
§ A note was added that, for buildings designated as future buildings, a request for approval will be made in the future
§ A note designating the temporary office
§ A note that sanitary facilities will be added by July 1, 2005
§ Of the entire site, approximately 1.2 acres have been graded and cleared in the upper area and 2.3 acres in the log-lot area. There is 0.5 acre impervious area in the upper portion and 0.3 acre impervious area in the lower portion, as defined by roofs, driveways and gravel/paved parking areas.
§ The only permit from Labor & Industry pertains to installation of the tank, specifically regarding the electrical systems being to code
Mr. Mance said that the eastern row of parking would not be used for a while. He said that areas where future buildings will be erected will remain as grassed areas until then. He mentioned that no water was going through the culvert under Airport Road.
In response to a question from Mr. Pennebaker, there was discussion about ponding that will result within the recessed slab during heavy rain events. In response to a question from Mr. Williams, Mr. Mance mentioned that the tank, 10 ft x 20 ft double hulled steel with a containment box, will be owned by John Ray and Sons who will maintain the tank and all certifications.
Mr. Jakubowski reviewed the April 12, 2005 minutes and verified that Mr. Mance had completed the following:
§ Removal of logs from drainage channel
§ Fencing shown on plans
§ Concrete padding added around tank
After Mr. Jakubowski noted several needs for clarification, Tom Dailey asked that the Planning Board grant a permit conditional upon resolution of the issues.
The issues requiring resolution that form the basis of stipulations for conditional approval are as follows:
§ Although the threshold of 1-acre impervious area was not reached, Mr. Mance shall provide documentation of some sort from the Agency of Natural Resources.
§ Mr. Mance shall provide sizing of the sediment basins
§ Mr. Mance is to review the original drawings regarding plantings around the existing building and incorporate into current plans
§ Mr. Mance is to add clarification to the note about railroad ties that they will be pinned
§ Mr. Mance will add a note – and see to its implementation – that all stormwater will be managed on site
§ Mr. Mance shall provide a copy of the operating permit for the diesel fuel
Mr. Jakubowski made the motion to approve with the conditions noted above. Mr. Young seconded. The motion carried 6-0-0. (Note that for this first part of the meeting, Mr. Mance presented information; as such, he removed himself from the Planning Board – he joined the Planning Board after his presentation.)
Mr. Jakubowski thanked both David Mance and Trevor Mance for the timely and well-prepared responses to Planning Board requests.
3. New Business: A. Mazzola site plan Sketch Plan rescheduled for 5/10
B. Becker site plan Sketch Plan rescheduled for 5/10
C. BCRC Rex Burke: Solid Waste Zoning Bylaws
Chairman Bubriski thanked Rex Burke for coming to the meeting and sharing information regarding solid waste zoning bylaws. Mr. Burke prefaced his discussion by stating the objective of the Planning Board is to derive a permanent amendment to the zoning bylaws. He listed the following three goals to be achieved in the coming weeks:
A. Review what’s currently in place
B. Discuss performance standards
C. Draft amendment, which should be subjected to legal opinion
Mr. Burke provided the Planning Board with a packet of information, including the Interim Zoning Amendment, excerpts from the Shaftsbury Town Plan, excerpts from the Shaftsbury Zoning, and excerpts from the Vermont Statutes.
Mr. Burke cited performance standards to be addressed, such as air quality, noise, soil and water resources, landscape, fire/explosive/safety hazards and visual impacts/character. He also cited 3.5.2 which states “that the proposed conditional use shall not adversely affect the capacity of existing or planned community facilities, including the following specific elements:” water resources, sanitary and solid waste, health hazards, special or hazardous waste, storm drainage, energy resources, education services, and other municipal services.
Mr. Burke mentioned that 3.5.2 is a provision changed by amendments to Chapter 117. This new language is based on ACT 250. Instead of “shall not adversely affect,” the new language is “shall not have an undue adverse effect.” Although the change need not be enacted for several years, Mr. Burke stated there is no reason not to adopt it sooner.
Section 4413 of the Vermont Statutes, “Limitations on municipal bylaws,” is another area reflecting amendments to Chapter 117. Limitations (5) and (6) pertain to regional solid waste management facilities certified under 10 VSA chapter 159 and Hazardous waste management facilities for which a notice of intent to construct has been received under 10 VSA Section 6606a, respectively.
A potentially tricky area is that of the host town agreement.
Mr. Williams asked what stance the State takes regarding on-site inspection. Mr. Mance stated that the State makes an annual inspection and issues a report that specifies the chronology of how things went and what is expected for the future. It is an active program. Mr. Burke said that ANR does make unannounced visits.
4. Zoning Administrator’s Report:
Zoning Administrator Tony Zazzaro spoke with Peter Cross. There is no change of use. Mr. Cross will be seeking a permit for a third apartment. The site plan may be ready for the May 10, 2005 meeting.
Site plan Sketch Plan rescheduled for May 10, 2005 meeting.
Site plan Sketch Plan rescheduled for May 10, 2005 meeting
Whitman’s
Ed Corey advised Planning Board members that the fuel tank on the property had not yet been moved. Mr. Jakubowski requested that Mr. Zazzaro advise Art Whitman that the tank shall be moved by June 20, 2005.
Mr. Zazzaro advised the Planning Board that a religious group of 6 families purchased the property and building to be used as retail of wood products and is looking for property for their church.
Mr. Zazzaro reviewed the site and issued a violation.
Since Mr. Zazzaro perceives that he would have a conflict of interest in this issue, Steve Eddington (recently appointed Building Inspector and Assistant Zoning Administrator) will take care of it.
Dailey, Inc.
Chairman Bubriski sought verification that communications with Bill Dailey have been through telephone conversations rather than written documentation and that the minutes would have to suffice as record of requests.
Since elected and appointed positions must take an oath of office within so many days of appointment, Mr. Williams and Mr. Pennebaker were urged to go to the Town Office.
5. Minutes:
April 12, Minutes:
Mr. Mance made the motion to accept minutes. Mr. Jakubowski seconded. The motion to accept minutes carried 4-0-0. (Note that Mr. Williams and Mr. Pennebaker could not vote since they were not Planning Board members at the April 12 meeting.)
6. Other Business: Reorganization of the Planning Board is scheduled for May 10, 2005.
Mr. Jakubowski inquired of Karen Mellinger about (1) designation of the duties and responsibilities of the Zoning Administrator and (2) if Planning Board is supposed to have its own ethics policy. Ms. Mellinger said she would bring the issues to the attention of the Selectboard and ask Town Administrator Aaron Chrostowsky to send what exists now to Planning Board members. Mr. Mance asked Mr. Zazzaro to ask Mr. Chrostowsky also send Ethics Policy and Conflict of Interest Policy to members of both the Planning Board and Zoning Board.
Mr. Zazzaro and Mr. Mance attended a VLCT interactive workshop regarding conflict of interest and party status. Mr. Mance suggested that Mr. Pennebaker and Mr. Williams review procedures.
Mr. Jakubowski requested a review of town zones, specifically to change rule of commercial to rule of retail and look into the possibility of creating hamlets to reduce the length of trips to obtain necessities.
Mr. Jakubowski suggested that the Planning Board go to CVPS for more 3-phase power; a lot of industrial machines use 3-phase. 3-phase power is used for bigger machines since it’s more efficient.
Mr. Zazzaro raised the issue of a junk ordinance, citing a property owner whose property is a mess with various cars parked on the property. Mr. Zazzaro issued a violation. Mr. Jakubowski had previously told the property owner to remedy the mess; the property owner’s response was to place a fence. Since all cars are legally registered and legally inspected, nothing can be done.
Another property of concern is Shaftsbury Saab; Mr. Jakubowski suggested that all cars parked are used for parts and that a violation be issued. Mr. Zazzaro said that because of a “Saab War,” the property owner in question is simply trying to preclude another Saab facility from acquiring these cars. Mr. Jakubowski cited the junkyard ordinance by which after a specified period of time, an unregistered, unlicensed car is considered a salvageable automobile. Mr. Zazzaro suggested that he and Mr. Jakubowski visit the property together.
Mr. Jakubowski asked Mr. Zazzaro about the Brownell property with a residential mobile home on the south side of the property.
Chairman Bubriski made the motion to adjourn at 9:15 PM. Mr. Young seconded. Motion to adjourn was unanimous.
Respectfully submitted,
Alison Church